Kenya

Petitioners want civil servants barred from receiving census pay

Petitioners want civil servants barred from receiving census pay
  • Petitioners want court to bar KNBS from paying civil servants who worked as census staff.

Public servants who participated as census staff risk losing their dues for services they offered during the weeklong headcount.

This is after two petitioners, Michael Kojo and Evance Otieno, argued in court papers that the Kenya National Bureau of Statistics (KNBS) should not pay civil servants who are already earning a government salary.

They say taxpayers need to be protected from workers who want to earn from more than one job within government.

“The law is clear that public servants who are in gainful employment should not engage in another gainful employment...,” petitioners say in court papers.

They are also accuse KNBS, as an employer, of failing to make clear who should have applied for the census jobs, leaving it open to the general public including civil servants.

The petitioners further argue that KNBS dissemination information to the pubic was false as it goes against the constitutional requirements on good governance, integrity, transparency, and accountability.

VIOLATIONS

They have sued the KNBS and its director general, the National Treasury Cabinet Secretary, and the Attorney General.

They seek a declaration that the action by KNBS of allowing public servants to earn another pay within government is unlawful. They also want the KNBS director general found to have violated the law.

They argued that KNBS failed to adhere to the principles of recruitment and to provide information as requested, and that the exercise was not subjected to public participation, contrary to the Constitution and Fair Administrative Action Act.

ORDER

Employment and Labour Relations Court Judge Maureen Onyango had prior to the kick-off of the census exercise issued an order barring public servants in Homa Bay County from taking up the KNBS jobs.

The order followed an application contesting the list of those shortlisted to conduct the exercise.

The petitioners were five county residents - Michael Kojo Otieno, Evance Oloo Otieno Gor, John Okambo Kisiara, Antonye Gaya Tindi, and Daniel Otieno Onyango.